United States v. Mays, 2011 U.S. App. LEXIS 13263

Anonymous tip reported a black male selling drugs at 2884 Filmore; officers in unmarked vehicles approached wearing police insignia.
Defendant stood on top of a stairway and then approached the officers as they returned to the complex; several individuals were present.
Defendant placed hands in pockets and dug into them; he appeared nervous and evasive, turning away from officers.
Officers detained defendant and conducted a protective search, recovering a loaded .45 pistol from his waistband.
A subsequent search at the police vehicle revealed 1.1 grams of crack cocaine in his pants pocket.
District court denied suppression, crediting officers’ perceptions and finding reasonable suspicion and a valid investigatory stop under Terry.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had reasonable suspicion for a Terry stop	Mays argues no reasonable suspicion existed	State argues totality of circumstances supported suspicion	Yes; totality supported reasonable suspicion and a valid stop

United States v. Pearce, 531 F.3d 374 (6th Cir.2008) (furtive movements in a high-crime area support safety concerns for a stop)
United States v. Caruthers, 458 F.3d 459 (6th Cir.2006) (anonymity of tip plus furtive behavior informs suspicions; district court’s local knowledge matters)
United States v. Bohannon, 225 F.3d 615 (6th Cir.2000) (furtive movements and nervousness can justify safety-based searches)
United States v. Lane, 909 F.2d 895 (6th Cir.1990) (flight or evasive behavior contributes to reasonable suspicion)
United States v. Brown, 310 Fed. Appx. 776 (6th Cir.2009) (nervousness and evasive behavior can justify concern for safety)
United States v. Patterson, 340 F.3d 368 (6th Cir.2003) (hands in pockets with no other suspicious behavior generally not enough)